The postings of a customs lawyer in Chicago on the state of customs law and international trade law. Important Disclaimer: None of this is legal advice, don't act on it. Don't ascribe these statements to my law firm, its partners or clients. Don't steal from my blog. I wrote it, I own it. But, feel free to link to me. Also, under the rules regulating speech by attorneys, this blog may be construed as lawyer advertising. I am the sole party responsible for the content.

Wednesday, March 25, 2009

Sailing + Trade in One Post!

When I go sailing, the only border I cross is between Illinois and Wisconsin. Sailors in Florida have far more options that require worrying about customs and trade issue.

Yesterday, I was quoted in the Sarasota Herald Tribune about the prospects for U.S. sailors who want to sail to Cuba to participate in a regatta. As I told the reporter, its entirely possible to do. But, and its an important point, anyone who wants to do that needs to go through the right process and seek a specific license from the Office of Foreign Assets Control. What's involved is an application under 31 CFR 515.567 involving public performances, athletic, and other competitions.

I know some are probably thinking that rich yachtsmen and women in ascots and Henri Lloyd foulies don't qualify as "athletes." Two things: First the definition is not all that strict. Second, watch this:

1 comment:

Mike Turner
said...

Larry -

You should also note that Commerce's Bureau of Industry and Security (BIS) has also previously issued administrative penalties to participants in sailing regattas and fishing tournaments, for failure to obtain BIS export licenses for export of their boats to Cuba. This is separate and apart from any OFAC requirements regarding licensing for travel/ financial transactions for Cuba.

By way of full disclosure, I'm (a) the former director of BIS's Office of Export Enforcement and (b) a recreational sailor; and (c) the aforesaid penalties were issued after I had retired from the Government. I don't completely agree with the rationale BIS used to issue these penalties, but they're the arbiter...